On The Legality Of Colleges And Universities To Collect Face Recognition Information

Since our country has entered the information era of “5G + AI”,society's thirst for facial recognition information has risen sharply.While the thirst has brought about the development of informational society,it has also brought about the chaotic collection of information.The collection of facial recognition information by universities and colleges in China also has some problems,and the collection without reasonable and complete argued is being questioned.Although the legislation regulates the excessive collection of facial recognition information,it also protects the reasonable collection of facial recognition information.Thus,if universities and colleges do not collect facial recognition information beyond the limit,it conforms to the law.So it is only after reasonable argument that we can conclude whether universities and colleges are collecting facial recognition information within the limit and we can figure out that the collection is legal.In the first chapter,the first case of facial recognition is introduced to show that the excessive collection of facial recognition information by universities and colleges will also face the question of the legality of the collection.On the other hand,when universities and colleges collect facial recognition,they violated the principle of“consent authorization”,which further indicates that the collection of facial recognition information by universities and colleges may be illegal.In the second chapter,we analyse the specific determination of “reasonableness”of universities and colleges' reasonable collection of facial recognition.It is mainly analyzed from the subject qualification,collection purpose and collection necessity.Firstly,the collection of facial recognition information by universities and colleges as civil subjects is not prohibited by civil legal regulations.Secondly,the purpose of collection should be in line with the public interest or the legitimate interests of the subject of facial recognition information in order to be legitimate.Thirdly,universities and colleges have no other means to help accomplish the purpose or the collection of facial recognition information,which is in line with the principle of least infringement.After the above three steps,if the collection fully conforms to the above,the collection by universities and colleges is reasonable.In the third chapter,we combine the analysis of the second chapter to determine whether the collection of facial recognition information is legal in actual situations.In the specific scenario under the normal situation,the collection is not reasonable,so the collection of facial recognition information by universities and colleges is not legal.In the specific scenario under the extraordinary situation,the collection is reasonable,so the collection is legal.